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is held, or $125,000, whichever is greater ($90,000 is the base for candidate for the House in multi-congressional district states).

2. Special or general elections-20 cents times the voting age population in the geographic area in which the election is held, or $175,000, whichever is greater ($90,000 is the base for a candidate for the House in multi-congressional district states). The above limitations shall apply separately to each primary, primary run-off, general, and special election campaign in which a candidate participates.

A candidate for nomination for election to the Office of President may not spend more in his campaign for nomination in any state than the amount which a candidate for nomination for election to the Senate may spend in that state.

A candidate for election to the Office of President may not make expenditures in any state in connection with his campaign for election in excess of the amount which a candidate for election to the Senate may spend in that state.

An individual is a candidate for nomination for election to the Office of President, for purposes of this subsection, if he makes (or any other person makes on his behalf) any expenditure on behalf of his candidacy for any political party's nomination for election to the Office of President. He shall be considered to be a candidate beginning on the date when he or any person on his behalf first makes an expenditure or on January 1 of the year in which the Presidential election is held, and ending on the date on which the party nominates a candidate for President.

Expenditures made on behalf of any candidate shall be deemed to have been made by the candidate.

Expenditures made by or on behalf of a candidate for the office of Vice President shall be deemed to have been made by the candidate for the Office of President with whom he is running.

An expenditure shall be considered to be made on behalf of a candidate if it was made by his agent or by any person authorized or requested by the candidate to make expenditures on his behalf.

Provision is made for increasing the limits whenever the cost of living increases significantly.

The Secretary of Commerce shall certify and publish in the Federal Register during the first week of January in each year an estimate of the voting age population in each state and congressional districts as of the first day of July preceding the date of certification.

Charges in excess of $100 for services or products knowingly furnished to or for the benefit of any candidate for nomination or election, or election to Federal office shall not be made unless the candidate or his authorized representative certifies in writing that payment of the charges will not exceed his expenditure limitation.

The Federal Election Commission shall regulate the allocation of expenditures by a candidate for Presidential nomination, for use in two or more states, based upon the number of persons in each state who can reasonably be expected to be reached by such expenditures. The bill adds a new section 615 to Title 18 of the United States Code, to set limitations on contributions by individuals and on expenditures by political committees. No individual may contribute during any calendar year more than $5,000 to, or for the benefit of, a

candidate for nomination for election or election to Federal office (other than for the Office of President).

No individual may contribute during any calendar year more than $15,000 to, or for the benefit of, any candidate for nomination or election or election to the Office of President.

No individual, including his spouse and children under age 18, may contribute more than $100,000 during a calendar year to all candidates and all political committees.

No person, other than an individual, may contribute during a calendar year to any candidate, or on his behalf, more than $5,000 in the case of a candidate other than a candidate for nomination for election, or election to the Office of President, or $15,000 in the case of a candidate for nomination for election or election to the Office of President.

The limitations upon contributors to, or on behalf of, candidates and political committees do not apply to the central or State campaign committee of a candidate or to national or state party committees. The limitations upon contributions to, or on behalf of, candidates apply separately to each primary, primary run-off, general, and special elections in which a candidate participates.

Any contribution made in connection with a campaign in a year other than that in which the relevant election is held shall be counted toward the limitations imposed for the calendar year in which that election is held.

Contributions made to, or for the benefit of, a party nominee for the office of Vice President shall be considered to have been made to or for the benefit of the nominee of that party for the Office of President.

The term "family" for the purposes of contributions limitations means an individual, his spouse, and any children under the age of 18. The term "political party" means a political party which in the next preceding presidential election, nominated candidates for election to the office of President and Vice President for whom popular votes were cast in any or all of the states, in the aggregate, equal to at least 10 per centum of the total votes cast throughout the United States for candidates for President and Vice President.

Violation of this section is punishable by a fine of not to exceed $25,000, imprisonment not to exceed five years, or both.

The bill adds a new section 616 which provides that contributions to a candidate or political committee in excess, in the aggregate during any calendar year, of $100 shall be by a written instrument identifying the contributor. Violation of this section is punishable by a fine not to exceed $1,000, imprisonment not to exceed five years, or both.

CHANGES IN EXISTING LAW

In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill S. 372, as reported by the Committee on Rules and Administration, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman):

S. Rept. 310, 93–1- -3

COMMUNICATIONS ACT OF 1934

(47 U.S.C. 315, 317)

§ 315. Candidates for public office; facilities; rules

(a) If any licensee shall permit any person who is a legally qualified candidate for any public office, other than Federal elective office (including the office of Vice President), to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any

(1) bona fide newscast,

(2) bona fide news interview,

(3) bona fide documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or

(4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto),

shall not be deemed to be use of a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-thespot coverage of news events, from the obligation imposed upon them under this chapter to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on issues of public importance.

(b) The charges made for the use of any broadcasting station [by any person] by or on behalf of any person who is a legally qualified candidate for any public office in connection with his campaign for nomination for election, or election, to such office shall not exceed

(1) during the forty-five days preceding the date of a primary or primary runoff election and during the sixty days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period; and

(2) at any other time, the charges made for comparable use of such station by other users thereof.

[(c) No station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate any limitation specified in paragraph (1), (2), or (3) of section 104(a) of the Campaign Communications Reform Act, whichever paragraph is applicable.]

(c) No station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate for nomination for election, or election, to Federal elective office unless such candidate (or a person specifically authorized by such candidate in

writing to do so) certifies to such licensee in writing that the payment of such charge will not exceed the limit on expenditures applicable to that candidate under section 614 of title 18, United States Code. [(d) a State by law and expressly—

[(1) has provided that a primary or other election for any office of such State or of a political subdivision thereof is subject to this subsection,

[(2) has specified a limitation upon total expenditures for the use of broadcasting stations on behalf of the candidacy of each legally qualified candidate in such election,

[(3) has provided in any such law an unequivocal expression of intent to be bound by the provisions of this subsection, and

[(4) has stipulated that the amount of such limitation shall not exceed the amount which would be determined for such election under section 104(a) (1) (B) or 104(a) (2) (B) (whichever is applicable) of the Campaign Communications Reform Act had -such election been an election for a Federal elective office or nomination thereto;

[then no station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate in such election unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate such State limitation.] (d) If a State by law imposes a limitation upon the amount which a legally qualified candidate for nomination for election, or for election, to public office (other than Federal elective office) within that State may spend in connection with his campaign for such nomination or his campaign for election, then no station licensee may make any charge for the use of such station by or on behalf of such candidate unless such candidate (or a person specifically authorized in writing by him to do so) certifies to such licensee in writing that the payment of such charge will not violate that limitation.

(e) Whoever willfully and knowingly violates the provisions of subsection (c) or (d) of this section shall be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed five years, or both. The provisions of sections 501 through 503 of this Act shall not apply to violators of either such subsection.

(f) For the purposes of this section:

(A) The term "broadcasting station" includes a community antenna television system.

(B) The term "licensee" and "station licensee" when used with respect to a community antenna television system, means the operator of such system.

(C) The term "Federal elective office" means the office of President of the United States, or of Senator or Representative in, or Resident Commissioner or Delegate to, the Congress of the United States.

(2) For purposes of subsections (c) and (d), the term "legally qualified candidate" means any person who (A) meets the qualifications prescribed by the applicable laws to hold the office for which he is a candidate and (B) is eligible under applicable State law to be voted for by the electorate directly or by means of delegates or electors.

(g) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

§ 317. Announcement of payment for broadcast.

(a) (1) All matter broadcast by any radio station for which any money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by such [person: Provided, That] person. If such matter is a political advertisement soliciting funds for a candidate or a political committee, there shall be announced at the time of such broadcast a statement that a copy of reports filed by that person with the Federal Election Commission is available from the Federal Election Commission, Washington, D.C., and the licensee shall not make any charge for any part of the costs of making the announcement. The term "service or other valuable consideration" shall not include any service or property furnished without charge or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification in a broadcast of any person, product, service, trademark, or brand name beyond an identification which is reasonably related to the use of such service or property on the broadcast.

(2) Nothing in this section shall preclude the Commission from requiring that an appropriate announcement shall be made at the time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which any films, records, transcriptions, talent, scripts, or other material or service of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast of such program.

(b) In any case where a report has been made to a radio station, as required by section 508 of this title, of circumstances which would have required an announcement under this section had the consideration been received by such radio station, an appropriate announcement shall be made by such radio station.

(c) The licensee of each radio station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any program or program matter for broadcast, information to enable such licensee to make the announcement required by this section.

(d) The Commission may waive the requirement of an announcement as provided in this section in any case or class of cases with respect to which it determines that the public interest, convenience, or necessity does not require the broadcasting of such announcement.

(e) Each station licensee shall maintain a record of any political advertisement broadcast, together with the identification of the person who caused it to be broadcast, for a period of two years. The record shall be available for public inspection at reasonable hours.

[e] (f) The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

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